Bombay High Court
SHRI RAMLAL CHOITHRAM MOORJANIversusSHRI SHYAM CHOITHRAM MOORJANI
- Decided
- Disposal
- DISPOSED OFF
Holding
The suit is dismissed for want of prosecution due to the plaintiff's failure to appear.
Summary
The case is a testamentary suit filed in 2009 that was scheduled for a final hearing on 29 September 2026. The plaintiff, Basavraj, failed to appear at the hearing despite the court's direction. No counsel appeared on behalf of the plaintiff, indicating a lack of desire to continue the proceedings. The defendant, Shyam Choithram Moorjani, was represented by Mr. Umar Dalvi, appearing on his behalf. The court observed that the plaintiff's non‑appearance amounted to a lack of prosecution. Consequently, the suit was dismissed for want of prosecution.
Issues considered
- What is the appropriate consequence when the plaintiff fails to appear for a scheduled final hearing in a testamentary suit?
Subjects
- testamentary suit
- civil procedure
- want of prosecution
- dismissal
- non‑appearance
Judgment
3.92.09-TS.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TESTAMENTARY SUIT NO.92 OF 2009
IN
TESTAMENTARY PETITION NO.796 OF 2007
Digitally
signed by Ramlal Choithram Moorjani … Plaintiff
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL Date:
2026.09.30
Vs.
13:25:33
+0530
Shyam Choithram Moorjani ...Defendant
__
None for the Plaintiff
Mr. Umar Dalvi i/b. Rajendra Rathod for the Defendant
__
CORAM : ARIF S. DOCTOR, J.
DATE : 29th SEPTEMBER 2026
P.C.
1. This is a Testamentary Suit of the year 2009 and was specifically
kept for final hearing today at 4:00 pm., despite which none appeared
for the Plaintiff. It is, therefore, clear that the Plaintiff is not desirous
of prosecuting the Suit.
2. Hence, the Suit is dismissed for want of prosecution.
[ARIF S. DOCTOR, J.]
Basavraj Page|1
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